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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 633
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Good day, My name is ***** ***** my wife is due to

Customer Question

Hello & Good day,
My name is ***** ***** my wife is due to apply for Indefinite Leave to Remain on August 2016 as she already has the Tier 2 General migrant visa for 5 years by then. I intend to submit my ILR application with her as I am her dependant. I have lived with her since we got to London in 2008 and got married on November 12, 2012.
I've been living in London since December 30, 2008. I have never committed any form of criminal act or any activity that would be classified as bad during my stay here. Last December 2, 2014, I stood as a loan guarantor for Edwin Jimenea Richardson, a friend here in London whom I have lived with. It was an instantaneous circumstance and I did not have the time to seek advice or help as they apparently need to move house as they can't afford to pay the current rent. Edwin Richardson and Reysa Richardson were both employed by the Royal Air Force club at that time and promised me they would pay me straight away as they are apparently applying for a loan in HSBC but what I did not know is that they are in the process of leaving the UK. And by leaving, I mean taking as much money as they can through swindling people in taking loans for them, maxing out credit card, taking loans and everything of that similar nature.
As I had to go back to the Philippines for a few months last year, things got out of control and a County Court Judgement has been passed for me as well. I am unhappy to pay this debt as I was conned to guarantee this debt but I would pay it to protect myself because I am put in a very difficult financial, emotional and immigration situation. I am supposed to apply for Indefinite Leave to remain on August 2016. And I was told that the County Court Judgement will have my ILR application refused straight away.
My question is:
1. Is it true that the CCJ will instantly have my ILR application refused? If not, what are my chances and how can I go through this?
2. If the CCJ will affect my application greatly, how can I reverse that situation? Bearing in mind that I cannot pay the full £6,200 straight away.
Also,
1. I have been living with my wife in the UK since December 30, 2008 until now. My wife's tier 2 visa has been issued on September 29, 2011 and my Tier 2 Partner Visa has been issued on December 5, 2011. We got married on the November 12, 2011. I have had a 3 month vacation outside the UK from March 24, 2015 and back in the UK on the 1st of July 2015. And now I am due to go to the Philippines for business reasons on the 1st of April 2016 and back in the UK on the 1st of August 2016 which is 4 full months. We know for a fact that my wife is not allowed to have spent more than 180 days outside of the UK in any 12 months for the last 5 years and we are perfectly following that. We also know that even if I spend 4 months in the Philippines, it is only 120 days out of the allowable 180 days. We just want to make sure though. Is this continuous residency rule applicable to me as her husband also?? Will these affect my/our application even though I'm only outside the UK for less than 130 days and not beyond 180 days?
2. What are my exact requirements? Do I need to show an employment certificate or payslips as well? The reason Im asking is because I am already resigning from work this March 2016 and I will be away for 4 full months from April to August 2016. I can provide bank statements from the Philippines and UK though that I have funds.
Please answer my 4 questions with as much information as you can, thank you. Any other information or suggestions will be greatly appreciated.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
HelloThank you for your enquiry.Your questions are quite substantive to be regarded as one question. First question (1 & 2)An application for settlement under Tier 2 will be refused if one of the general grounds for refusal exists. The general grounds for refusal applies to criminal convictions. Also a refusal will usually follow where an applicant has given false or incomplete information to the Home Office and where an applicant has broken UK immigration law. An application may also be refused based on character, conduct and association under the Home Office's discretionary powers. The Home Office guidance say an application must not be refused because a person is in debt particularly if acceptable efforts are being made to pay off the debt. However, if there is a deliberate attempt to build up a debt without any serious intention to pay the debt off, an application can be refused under character, conduct and association grounds. You must declare your CCJ on your application stating the reasons for the debt and any arrangement being made to pay it off to avoid a refusal. Second question (3 &4)The 180 days applies to the Applicant with the Tier 2 visa. However dependant's must show evidence of living together for at least 2 years if they applied before 9 July 2012, must show evidence of intention to continue living together and there is enough income to support yourself and any dependant. Please note that both applicant and their dependants can apply on the same form. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
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Customer: replied 1 year ago.
Dear Frantz,So the 180 day outside of the UK does not apply to the dependant? Also, my wife's funds does not go below £2,500 each month, will that suffice for both of us? If so, do I no longer need to provide payslips, employment contract or proof of funds?Any other information will be greatly appreciated,thank you!
Expert:  frantzgregory replied 1 year ago.
HelloThe application is based on the main applicant.